Thomas Anderson v. Charles Warner County of Mendocino County of Mendocino Sheriff's Department

In this § 1983 suit, Thomas Anderson appeals from the district court’s grant of summary judgment to individual defendant Charles Warner, as well as defendants Mendocino County Sheriffs Office and County of Mendocino (collectively “the County”). Anderson contends that Warner assaulted him while acting under color of state law. Anderson also contends that the County negligently hired and supervised Warner, and conducted an inadequate investigation into the assault by Warner. We reverse as to Warner and affirm as to the County.

I. Background

On the morning of July 30, 2001, Anderson and Warner were slowly driving their own vehicles toward the Redwood Valley Parade. Anderson was momentarily distracted and accidentally rear-ended Warner’s vintage pickup truck. Warner got out of his truck, went back to Anderson’s vehicle, opened Anderson’s door, and began hitting Anderson in the face and neck. Warner’s wife, who had been a passenger, also got out of the truck. A probation officer and friend of Warner, Thomas Cropp, was driving the vehicle in front of Warner. Cropp got out of his vehicle and came back to join Warner and his wife. At the time of the assault, Warner was employed by the…